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Terms & Conditions

Unless otherwise expressly agreed in writing by a Director or authorised executive of the Vendor all goods are sold upon the following terms and conditions. Any otherconditions whether oral or printed in Customers order forms or any other document from the Customer are binding only insofar as they :-(a)Are not at variance with these conditions and; (b)Have been specifically agreed in writing.

(i) Quotations shall remain open for written acceptance by the Customer for fourteen days from their date.
(ii) All prices quoted or listed by the Vendor are based on the prices of the Vendor’s suppliers at the time of quotation and are subject to adjustment prior to despatch tocover any increase in such prices or in taxation or duty which might take place prior to delivery and such prices are exclusive of packing carriage and VATunless otherwisestated.

(i)The Vendor will use its best endeavours to deliver at the time stated but delivery dates shall be regarded as estimates only. The Vendor shall not be liable for any delayoccasioned by any cause whatsoever beyond the Vendor’s control.
(ii) Goods shall be deemed to be delivered when handed over to the Customer.
(iii) In the case of delivery of goods by installments the Customer will not be entitled to treat the delivery of faulty goods in any one installment or the late delivery ornon-delivery of any one installment as a repudiation of the whole contract.
(iv) All import and local Taxes will apply to all Export orders outside the E.U.
(v) Orders outside the UK will need funds to be cleared before products can be shipped.

(a) The risk in the goods passes to the Customer upon delivery but title in the goods remains vested in the Vendor and shall only pass from the Vendor to the Customerupon full payment being made by the Customer of all sums due on whatsoever account or grounds to the Vendor or to any associated company (as defined by Section 302(1) Income and Corporation Taxes Act 1970 by the Customer. In the event of the goods being sold by the Customer in such manner as to pass to a third party a valid titleto the goods, whilst any such sums are due as aforesaid, the Customer shall be the Trustee for the Vendor of the proceeds of such sale or to the claim for such proceeds andthe Customer shaIl place such proceeds in a separate account. Nothing herein shall constitute the Customer the Agent of the Vendor for the purposes of any such sub-sale.(b)The Customer agrees that prior to full payment being made as aforesaid the Vendor may at any time enter upon the Customer’s premises and remove the goods therefrom and that prior to such payment the Customer shall keep such goods separate and identifiable for this purpose.(c)In the event of the goods becoming constituents of or being converted into other products whilst sums are due as provided in sub condition (a) hereof the Vendorshall have the ownership of and title to such other products as if they were the goods and accordingly sub condition
(b) hereof shall so far as appropriate apply to such otherproducts subject to the Customer’s right to the surplus or any moneys realised by the said goods over those due to the Vendor as provided herein.(d)Any implied authority that the Customer shall be entitled to sell the goods and pass properly in the same to third parties in the normal course of its business ormanufacture products out of the same or sell such products will continue until otherwise notified to the Customer by the Vendor or until the happening of the following events:-(i)any notice to the Customer that an Administrative Receiver or other Receiver or Manager is to be or has been appointed in respect of its undertaking or a material partthereof or other property or assets.(ii)any notice to the Customer that a petition to wind up the Customer is to be or has been presented to the Customer under Section 518 of the Companies Act 1958 orotherwise or any notice to the Customer of a proposal to pass a Resolution to wind up the Customer (including any proposal by the Customer to do so).(iii)a decision by the Customer that the Customer intends to make an arrangement with its creditors.(iv)the Customer becoming unable to pay its debts as such expression is defined by the Insolvency Act 1986.(v)any notice to the Customer that it is to be the subject of a petition for an Administration Order presented to the courts or the making of an Administration Order in respectofthe Customer. and upon the happening of any such events the Customer shall immediately notify a Director or other authorised officer of the Vendor.

The Vendor must be informed in writing on the Customer’sown note paper within three days of delivery of goods in the event of any shortage or damage and within fourteendays of despatch if the goods have not been delivered otherwise the goods shall be deemed to have been accepted by the Customer as being in good order and inconformity with the contract. Obvious damage to goods or crates shall be noted on the carrier’s delivery note at the time of delivery.

(a) Unless otherwise stated payment is strictly net cash to be made by the due date stated on the invoice. Failure to make due payment in respect of deliveries orinstallments under this or any other contract between the Customer and the Vendor shall entitle the Vendor to delay, suspend or cancel deliveries in whole or in part at itsoption.
(b) Payment shall be due whether or not property in the goods has passed by virtue or Clause 4 hereof and the Vendor shall (without prejudice to any other right orremedy) accordingly be entitled to sue for the price once the same is due even if property in the goods has not passed.
(c) Orders outside the UK will need funds to be cleared before products can be shipped.

(a) The Customer shall inspect the goods upon delivery. The Vendor will make good at its option by repair or replacement any defects in the goods due solely to defectiveworkmanship or materials which are notified to the Vendor and in the case of any defect discoverable upon reasonable examination such notification must be made withineight weeks from the date of delivery and in the case of any defect not discoverable upon reasonable examination such notification must be made within a reasonableperiod from the date such defect is actually discovered provided that:(i)the aforesaid obligations on the Vendor shall not extend to defects caused by wilful damage negligence (other than by servants or agents of the Vendor) incorrectstorage or application movement installation or defects caused by fair wear and tear and: (ii)if required by the Vendor the goods are returned within fourteen days of notification of the defect.
(b )Save as herein set out and for liability for death or personal injury resulting from negligence on the part of the Vendor and save for breach of the sellers statutorily impliedundertakings as to the title and save where goods are sold to a person dealing as a consumer, all express or implied conditions representations or warranties as to thequality or fitness of the goods or otherwise are expressly excluded to the fullest extent permitted by law.
(c) Save for liability for death or personal injury resulting from negligence of the Vendor the Vendor accepts no liability under any claims howsoever arising (be it bynegligence or otherwise) for any loss over the figure of (£500,000) or such greater figure as is from time to time the limit of liability laid down by the Vendor’s insurers in respectof such claims PROVIDED THAT the Vendor shall not be liable for any consequential loss or loss of profits or of contract whatsoever.

In the case of goods which have been obtained by the Vendor specially for an order of the Customer and which conform to the order the Vendor shall not accept the returnof such goods unless they are proved to the satisfaction of the Vendor to be defective or do not conform to the order.

The Vendor shall be excused from liability to the Customer if performance of the contract is prevented or hindered (in particular if an agreed delivery date is delayed) by anycause whatsoever beyond the Vendor’s control and shall not be liable for any loss or damage resulting there from suffered by the Customer.

The Customer undertakes with the Vendor that it will ensure compliance so far as is reasonably practicable by its servants agents licensees and customers with any instruc-tions given by the Vendor or the manufacturer for the purpose of ensuring that the goods will be safe and without risk to health when properly used and will take any othersteps or precautions as having regard to the nature of the goods as are necessary to preserve the health and safety of persons handling or using them.

The Contract is governed by English Law. Any dispute arising out of or in connection with this contract shall be determined by the English Courts.

In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall constitute the conditions binding upon the parties.

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